The New York Times reported that a judge described the Justice Department’s decision to drop charges against Michael Flynn as a “gross abuse of prosecutorial power. As you may recall, Flynn was Trump’s former national security adviser who pleaded guilty to perjury after disclosure of his close personal ties to Putin and Russian oligarchs. Brian Benczkowski signed the filing asking Sullivan to dismiss charges. He is now leaving the administration. Benczkowski was confirmed in 2018 despite concerns about his work for Russia’s Alfa-Bank, which the F.B.I. linked to the Trump Organization during the 2016 campaign.
John Gleeson, a former mafia prosecutor and well-respected federal judge, issued a 73-page brief analyzing and condemning the decision. The review was needed after Attorney Genetal and Trump flaky William Barr dismissed the case after local attorneys had worked on the case for years and got a guilty plea!
Judge John Gleeson accused Attorney General William Barr’s Justice Department of “a gross abuse of prosecutorial power, attempting to provide special treatment to a favored friend and political ally of the President of the United States. It has treated the case like no other, and in doing so has undermined the public’s confidence in the rule of law.”
The judge in the case, Emmet Sullivan, will now decide whether to order the department to proceed with prosecution or pursue some other course. Obviously Barr is embarrassed and worried so he filed a Motion arguing the judge does not have discretion but to dismiss the case despite the guilty plea. The appeals court is reviewing the motion to bypass Sullivan and drop the charges immediately.